TRAVIS BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).
Defendant argues that he is entitled to jail time credit which was not waived as part of a plea agreement. Because the record now before us fails to make the required showing, see Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005), we reverse the order and remand for further proceedings or for the attachment of record ex cerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 946 So. 2d 62 (Fla. 3d DCA 2006)…ng that Brown waived entitlement to the alleged jail credit. We therefore reversed and remanded “for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.” Brown v. State, 925 So. 2d 429 (Fla. 3d DCA2006). Based upon our mandate, the trial court had three options: (1) issue a new order granting relief to Brown, (2) enter a new order denying relief and attaching the necessary record evidence conclusively demonstrating that Brown is…
Authorities Cited
- Norris Lundy, Jr. v. State, 912 So. 2d 671 (Fla. 3d DCA 2005)